MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418

MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418

Relief against forfeiture was refused primarily because new lessees had taken possession and acquired rights without notice of the plaintiffs' claim, and the relevant lease breaches occurred prior to the prescribed period under the COVID-19 Regulation; thus, the Regulation did not apply, and the discretionary grounds for relief were not made out.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Equity Proceeding (relief Against Forfeiture) / Interlocutory Application for Relief Against Forfeiture
Outcome
Plaintiffs' notice of motion seeking interlocutory relief against forfeiture dismissed
Legal Topics
['relief Against Forfeiture' 'third Party Rights in Property' 'retail and Other Commercial Leases (covid 19) Regulation 2020 (nsw)' 'breach of Lease' 'interlocutory Injunctions']
['equity' 'property Law' 'landlord and Tenant'] ['relief Against Forfeiture' 'third Party Rights in Property' 'retail and Other Commercial Leases (covid 19) Regulation 2020 (nsw)' 'breach of Lease' 'interlocutory Injunctions']

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Procedural Posture

Equity Proceeding (relief Against Forfeiture) / Interlocutory Application for Relief Against Forfeiture

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to interlocutory relief against forfeiture of leases' 'Whether the presence and rights of third party lessees preclude relief against forfeiture' 'Whether the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) prohibits the forfeiture for defaults prior to the prescribed period']

Ratio Decidendi

Relief against forfeiture was refused primarily because new lessees had taken possession and acquired rights without notice of the plaintiffs' claim, and the relevant lease breaches occurred prior to the prescribed period under the COVID-19 Regulation; thus, the Regulation did not apply, and the discretionary grounds for relief were not made out.

Court Disposition

Plaintiffs' notice of motion seeking interlocutory relief against forfeiture dismissed

Orders

  • ['Plaintiffs granted leave to file the notice of motion marked MFI-1' 'Notice of motion dismissed' 'Costs reserved pending further written submissions' 'Matter listed in the Real Property List on 16 October 2020']